Opinions

Matter of G.R.H. (CONFIDENTIAL) 2008 ND 222
Docket No.: 20080102
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: In reviewing the civil commitment of a sexually dangerous individual, all sexually predatory conduct, including that which did not result in a charge or conviction, may be considered.
Evidence showing serious difficulty in controlling behavior suffices to distinguish a sexually dangerous individual from other dangerous persons.

Siewert v. Siewert (Consolidated w/20080095) 2008 ND 221
Docket No.: 20080065
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: District courts have discretion to appoint a guardian ad litem in child custody modification cases.
A court may modify a child custody order if more than two years have passed since the order was entered and there has been a material change in circumstances and the modification is necessary to serve the best interests of the child.
A court's decision to modify custody is a finding of fact, which will be reversed on appeal only if it is clearly erroneous.
District courts have jurisdiction to modify child support while an appeal is pending from a decision on a custody motion that does not address child support.

State v. Harlan 2008 ND 220
Docket No.: 20080083
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Evidence discovered as a result of a pocket search following a safety pat-down search which provides no indication of a weapon or anything similar must be suppressed because the pocket search under such circumstances has exceeded the initial justification for the pat-down search.

State v. Mosbrucker 2008 ND 219
Docket No.: 20070355
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A victim must understand more than the physical aspects of sex to be capable of understanding the nature of a sexual act under N.D.C.C. 12.1-20-03(1)(e).
The remedies afforded by appeal from a judgment and appeal from an order denying a new trial are independent remedies.

Miller v. State 2008 ND 218
Docket No.: 20080113
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: District court order denying post-conviction relief and order confirming credit for incarceration summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Buck 2008 ND 217
Docket No.: 20080153
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author:

Highlight: Judgment entered upon a jury verdict finding appellant guilty of driving while under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Nemec 2008 ND 216
Docket No.: 20080264
Filing Date: 12/3/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law.

Disciplinary Board v. Sletten (Consolidated w/ 20080147 - 20080150) 2008 ND 215
Docket No.: 20080146
Filing Date: 11/25/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Hanisch v. Osvold 2008 ND 214
Docket No.: 20080012
Filing Date: 11/24/2008
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court's award of custody is treated as a finding of fact and, on appeal, will not be reversed unless it is clearly erroneous under N.D.R.Civ.P. 52(a).
Under the clearly erroneous standard of review, the evidence is not reweighed and the credibility of witnesses is not reassessed, and the appellate court will not retry a custody case or substitute its judgment for a district court's initial custody decision merely because it might have reached a different result.

State v. Evans 2008 ND 213
Docket No.: 20080143
Filing Date: 11/24/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: Judgment entered upon a jury verdict finding appellant guilty of possession of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).